Deaths in unclear circumstances of Mr. Aselder Sayputdinov, Mr. Akhmed Magomedov and Mr. Abdulla Pakhrutdinov_Allegations of torture and other forms of ill-treatment

The International Secretariat of the World Organisation Against Torture (OMCT) requests your URGENT intervention in the following situation in the Russian Federation/ Dagestan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Russian-Chechen Friendship Society (RCFS), a member of OMCT SOS-Torture Network, about the deaths in unclear circumstances of Mr. Aselder Sayputdinov (born on 31.01.1984), Mr. Akhmed Magomedov (born on 12.01.1979) and Mr. Abdulla Pakhrutdinov (born on 29.10.1973), all from Makhachkala city, in Dagestan.

According to the information received, on 30 November 2009, Mr. Aselder Sayputdinov, Mr. Akhmed Magomedov and Mr. Abdulla Pakhrutdinov were driving back from Khasavyurt city, when they were stopped by a police road check taking place in the surroundings of Kiziyurt city. Mr. Aselder Sayputdinov and Mr. Akhmed Magomedov showed their documents but Mr. Abdulla Pakhrutdinov reportedly jumped out of the car and tried to run away out of fear that he would be arrested[1]. The police allegedly opened fire and shot him dead. Mr. Aselder Sayputdinov and Mr. Akhmed Magomedov were then immediately arrested and taken to the police headquarters in Kiziyurt city.

On the following day, 1 December 2009, Mr. Aselder Sayputdinov’s and Mr. Akhmed Magomedov’s relatives were notified by the police that both had died and were asked to identify the bodies at the morgue. According to their testimonies, the bodies Mr. Aselder Sayputdinov and Mr. Akhmed Magomedov bore signs of torture and other forms of ill-treatment. Furthermore, other detainees held in the police headquarters allegedly heard Mr. Aselder Sayputdinov and Mr. Akhmed Magomedov screaming all night.

According to the same information received, the families of Mr. Aselder Sayputdinov and Mr. Akhmed Magomedov lodged a complaint with the prosecutor’s office demanding an investigation, on 4 December 2009. To date, no information has been provided to the families as to whether an investigation into the alleged facts has been opened.

The International Secretariat of OMCT is seriously concerned about the deaths of Mr. Aselder Sayputdinov, Mr. Akhmed Magomedov and Mr. Abdulla Pakhrutdinov. OMCT recalls that “Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life” as stipulated in article 6 1) of the International Covenant on Civil and Political Rights. Furthermore, the authorities are legally bound to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international and regional human rights law, and in particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and the UN Standard Minimum Rules for the Treatment of Prisoners.

OMCT calls on the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the deaths of Mr. Aselder Sayputdinov, Mr. Akhmed Magomedov and Mr. Abdulla Pakhrutdinov, including the allegations of torture and other forms of ill-treatment suffered by Mr. Aselder Sayputdinov and Mr. Akhmed Magomedov, in accordance with international and regional human rights standards, including the UN Principle on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law.

Action requested

Please write to the authorities in the Russian Federation/ Dagestan urging them to:

1. Carry out a prompt, effective, thorough, independent and impartial investigation into the deaths of Mr. Aselder Sayputdinov, Mr. Akhmed Magomedov and Mr. Abdulla Pakhrutdinov, including the allegations of torture and other forms of ill-treatment, the results of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
2. Ensure that an effective remedy as well as the right to full redress, including compensation and rehabilitation, is granted to the victims’ families;
3. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• President of the Russian Federation, Dmitry Anatolyevich Medvedev, Kremlin, Moscow, Russia, Fax:+ 7 495 206 5173 / 230 2408, Email: president@gov.ru;
• Prosecutor General of the Russian Federation, Yuri Chayka, 125993, Moskva K-31, Ul. B. Dimitrovka, d 15a, Russian Federation, Fax: + 7 (495)692-17-25;
• Chairwoman of the Presidential Human Rights Commission of the Russian Federation, Ella Pamfilova, 103132 g. Moskva, Staraya ploshchad, d 8/5,pod 3, Russian Federation, Fax: +7 495 20 64 855;
• Russian Federal Ombudsman for Human Rights, Vladimir Lukin, Fax: +7 495 207-74-70;
• Minister of Internal Affairs, Rashid Nurgaliev, ul. Zhitnaya, 16, 117049 Moscow, Russian Federation, Telegram: Rossiia, 117049, Moskva, Fax: + 7 495 237 49 25;
• Prosecutor of the Republic of Dagestan, Andrei I. Nazarov, Ul. M. Yarakskogo 84, Makhachkala, Republic of Dagestan, Russian Federation, Fax: +7 8722 6795 24
• Permanent Mission of the Russian Federation to the United Nations in Geneva Av. de la Paix 15, CH-1211, Geneva 20, Switzerland, e-mail : mission.russian@ties.itu.int, fax: +41 22 734 40 44;

Please also write to the diplomatic representations of the Russian Federation in your respective countries.

Geneva, 9 December 2009

Kindly inform OMCT of any action undertaken quoting the code number of this appeal in your reply.

[1] According to the information received, Mr. Abdulla Pakhrutdinov was detained in 2000 by the Federal Security Service (FSB), reportedly without any charges, and later released. He lodged a complaint with the Republic Prosecutor’s office to denounce this abusive detention but it was turned down. Since then, his family was reportedly under constant surveillance and the family house was searched on several occasions. Mr. Abdulla Pakhrutdinov was then asked to come once a week at the local police station. In April 2009, a friend of Mr. Abdulla Pakhrutdinov was arrested on suspicion of having killed a FSB agent and was subsequently tortured and ill-treated to give the name of Mr. Abdulla Pakhrutdinov as his accomplice. Mr. Abdulla Pakhrutdinov left the city, fearing that he would be arrested. In November 2009, the Supreme Court of Dagestan reportedly acquitted Mr. Abdulla Pakhrutdinov’s friend.